Joint-Employer Standard, Overtime Eligibility Top Employer Concerns

Possible changes to the National Labor Relations Board’s (NLRB) definition of joint employer and expansion of employee overtime eligibility rank among top employer concerns, according to a newly released executive employer survey.

The 2015 Executive Employer Survey Report, produced by the law firm of Littler Mendelson, found that nearly 70 percent of respondents were concerned about exposure to greater legal liability if the NLRB broadens the definition of joint-employer status. Nearly 60 percent expressed concern with the difficulties of monitoring the employment practices of separate entities.

NLRB’s general counsel ruled in July 2014 that McDonald’s is the joint employer of its franchisees’ employees, making the company liable for labor and wage violations by its franchise operators and easing the way for unionizing nationwide.

NATSO developed a document detailing the NLRB’s ruling as well as general guidelines to help petroleum marketers avoid joint-employer status in their dealer-franchise agreements. NATSO members may obtain a copy of this document by contacting Tiffany Wlazlowski Neuman at twlazlowski@natso.com or 703-739-8578.

More than a third of survey respondents expressed concern with the Department of Labor’s proposed rule to raise the current overtime threshold to $50,400 a year up from the current threshold of $23,660.

Thirty-seven percent of respondents said they were concerned with the potential elimination of the executive, administrative and professional exemption for workers who spend more than 50 percent of their work time engaged in non-exempt duties. Twenty-nine percent noted concern with the elimination of the executive exemption for supervisors who perform some non-exempt duties.

Tiffany Wlazlowski Neuman

Tiffany Wlazlowski Neuman develops and executes communications strategies to advance NATSO’s public relations and advocacy goals. Tiffany also develops and oversees partnerships related to the NATSO Foundation’s public outreach initiatives. Tiffany lives in the D.C. metro area with her husband and their two sons.More